Employment of counsel and expert witnesses
The Legal Aid and Advice and Assistance (Miscellaneous Amendments) (Scotland) (No.2) Regulations 2023 came into force on
29 April 2023.
This Guidance item was not affected but a copy has been placed with related guidance in the archive section for the regulations in force prior to 29 April 2023.
The provisions for the employment of counsel and expert witnesses apply, as do the arrangements for taxation of counsel’s fees and the fees and outlays allowable to an expert witness.
You must ensure you have the necessary sanction to employ counsel or an expert witness and where you are providing ABWOR that you are, at all times, within the maximum limit of authorised expenditure.
Outlays included in the fixed payment fee
Find out how photocopying, precognitions and agency by another solicitor are outlays included in the fixed payment accounts in criminal legal aid.
No payment can be made to a witness on the Crown list
Learn why we cannot make payments to a witness on the Crown list in criminal legal aid fixed payment cases.
Outlays not included in fixed payment
View examples of outlays which are chargeable on top fixed payments.
General regulations and standard of taxation - outlays
Learn about the how the regulations apply to your outlays and what you must do to comply with them.
Sanction for unusual work or unusually large expenditure
Find out why you need our sanction for unusual work or unusually large expenditure in criminal legal aid cases with fixed payment accounts.
Certain outlays not chargeable under advice and assistance (and ABWOR)
Find out how the regulations affect whether you can charge for some outlays.
Scottish Legal Aid Board
Thistle House 91 Haymarket Terrace
DX555250, Edinburgh 30
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